Original HRC document

PDF

Document Type: Final Report

Date: 2018 Apr

Session: 38th Regular Session (2018 Jun)

Agenda Item: Item3: Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development

GE.18-05711(E)



Human Rights Council Thirty-eighth session

18 June–6 July 2018

Agenda item 3

Promotion and protection of all human rights, civil,

political, economic, social and cultural rights,

including the right to development

Report of the Special Rapporteur on the human rights of internally displaced persons

Note by the Secretariat

The Secretariat has the honour to transmit to the Human Rights Council the report of

the Special Rapporteur on the human rights of internally displaced persons, Cecilia

Jimenez-Damary. It provides a review of the progress achieved, the ongoing challenges and

the necessary actions to be taken by all stakeholders in the implementation of the Guiding

Principles on Internal Displacement, in the context of their twentieth anniversary.

United Nations A/HRC/38/39

Contents

Page

I. Introduction ................................................................................................................................... 3

II. Activities of the Special Rapporteur ............................................................................................. 3

Country visits conducted by the Special Rapporteur ..................................................................... 5

III. Twentieth anniversary of the Guiding Principles on Internal Displacement: an agenda for

strategic and joint action ............................................................................................................... 5

Experience of internal displacement ............................................................................................. 7

IV. National action to reduce internal displacement in line with the Guiding Principles

on Internal Displacement .............................................................................................................. 9

A. Incorporating the Guiding Principles into national law and policy ...................................... 9

B. Improving the evidence base and statistical resources .......................................................... 10

C. Raising awareness of human rights and the Guiding Principles ........................................... 11

D. Enhancing the role of national human rights institutions and civil society ........................... 12

V. Enhancing regional frameworks and action to support States affected by internal displacement . 12

VI. The role of the United Nations and the international community ................................................. 14

A. Promoting enhanced, immediate and joined-up action to effectively reduce internal

displacement ......................................................................................................................... 14

B. Increased use of the Guiding Principles on Internal Displacement by the United

Nations system ...................................................................................................................... 15

C. Encouraging and facilitating international solidarity and assistance .................................... 16

D. Continuing and enhancing training for government officials ............................................... 16

E. Establishing a resource centre/online resource for the Guiding Principles .......................... 17

F. Utilizing the Special Rapporteur as a key partner for States ................................................. 17

G. Establishing an international day for the protection of internally displaced persons ............ 17

VII. Conclusions ................................................................................................................................... 17

VIII. Recommendations ......................................................................................................................... 18

I. Introduction

1. The report of the Special Rapporteur on the human rights of internally displaced

persons is submitted in accordance with Human Rights Council resolution 32/11. The

report provides an overview of the activities undertaken by the mandate holder since her

previous report to the Human Rights Council in June 2017 (A/HRC/35/27). In addition, and

recalling the fact that 2018 marks the twentieth anniversary of the Guiding Principles on

Internal Displacement, the Special Rapporteur has dedicated the present report to a

consideration of the progress achieved, the ongoing challenges and the necessary actions to

be taken by States, regional actors, the United Nations and the international community to

better implement the provisions of the Guiding Principles in practice.

II. Activities of the Special Rapporteur

2. In its resolution 32/11, the Human Rights Council mandated the Special Rapporteur

to address internal displacement, in particular by mainstreaming the human rights of

internally displaced persons into all relevant parts of the United Nations system; working

towards strengthening the international response to internal displacement; engaging in

coordinated international advocacy and action to improve protection of and respect for the

human rights of such persons; and continuing and enhancing dialogue with Governments,

intergovernmental, regional and non-governmental organizations and other relevant actors.

3. The Special Rapporteur has continued to support the mainstreaming of the human

rights of internally displaced persons within the United Nations system and the wider

humanitarian community. Her participation in the Inter-Agency Standing Committee at the

level of Principal is proving essential in that regard, as it helps to ensure and enhance

collaborative approaches and strong links with key United Nations agencies, other

international organizations and civil society. In that regard, the Special Rapporteur took

part in the Principals meetings of the Committee in October 2017 and will do so in May

2018 as well.

4. The Special Rapporteur co-hosted, with the Office of the United Nations High

Commissioner for Refugees (UNHCR) and the International Institute of Humanitarian Law,

the thirteenth course on the law of internal displacement, held in October 2017 in San

Remo, Italy. The course continues to be an excellent opportunity to bring together

government authorities involved in the protection of internally displaced persons and the

Special Rapporteur intends to continue it as the flagship course of the mandate.

5. The Special Rapporteur also organized jointly with Swisspeace and the University of

Basel, an expert workshop on transitional justice and internal displacement in December

2017, which brought together scholars and practitioners working on internal displacement

and transitional justice. Participants discussed the current state of knowledge and identified

lessons learned, best practices and recommendations for improving policies and practices in

this field. It served as a platform for dialogue between the expert participants and the

Special Rapporteur, who has identified promoting the inclusion of internally displaced

persons in transitional justice processes as a core priority of her work. The findings from

the workshop will directly inform a thematic report on that topic to be presented to the

General Assembly in October 2018.

6. The Special Rapporteur also strengthened the engagement of her mandate with

national human rights institutions by attending the annual conference of the Global Alliance

of National Human Rights Institutions in February 2018, during which she organized a side

event examining the work of national human rights institutions with the Guiding Principles

and proposed that the scope of that work be expanded. In addition, a consultative workshop

was co-convened with UNHCR, the Global Alliance and the Office of the United Nations

High Commissioner for Human Rights (OHCHR) on 20 February 2018, to which selected

national human rights institutions were invited to exchange views and ideas on their

existing and potential roles in addressing internal displacement. The Special Rapporteur

also sent a questionnaire to all national human rights institutions to map their ongoing work

on internal displacement and identify good practices and opportunities. She sincerely

thanks those that responded and will study the information provided to inform her future

work and her annual report to the Human Rights Council in 2019, which will be dedicated

to the role of national human rights institutions in promoting and protecting the human

rights of internally displaced persons. Continuing her engagement with national human

rights institutions, during the biannual conference of the Asia Pacific Forum of National

Human Rights Institutions held in Bangkok in November 2017, the Special Rapporteur

facilitated a session on the impact of conflict on internally displaced persons and refugees

and the role of national human rights institutions. In September 2017, she was a panel

speaker at a meeting of the South-East Asia national human rights institutions held in the

Philippines and in August 2017, she was a keynote speaker at a national conference on

internal displacement organized by the National Commission on Human Rights of Mexico.

7. The Rapporteur further continued her engagement with supporting States and other

relevant stakeholders so as to include internally displaced persons in the broader

discussions on migration and in particular the negotiations on the global compact for safe,

orderly and regular migration. She sent out an open letter in March 2018 on the inclusion of

internally displaced persons in the global compact, in line with the New York Declaration

for Refugees and Migrants. The letter aimed to support Member States to reflect on

effective strategies while negotiating and implementing the global compact, in order to

ensure adequate protection and assistance for internally displaced persons and to prevent

and reduce such displacement in line with the Guiding Principles.

8. The Special Rapporteur led an inter-agency project entitled “Informing responses to

support durable solutions for internally displaced persons”, which aimed to measure

progress towards durable solutions in internal displacement contexts. The project was

implemented by the Joint IDP Profiling Service in collaboration with a broad group of

development, humanitarian and peacebuilding actors. This initiative was aimed at

operationalizing the Inter-Agency Standing Committee framework on durable solutions for

internally displaced persons by developing a set of agreed-upon indicators, tools,

methodologies and guidance for comprehensive yet practical approaches to durable

solutions in displacement situations. 1 In April 2018, the mandate and the Joint IDP

Profiling Service launched the outputs of the project, which stakeholders are encouraged to

use. The Special Rapporteur has also been an active member of the Expert Group on

Refugee and Internally Displaced Persons Statistics, contributing to the technical report on

internally displaced persons statistics, which was adopted by the United Nations Statistical

Commission at its forty-ninth session in March 2018.

9. The Special Rapporteur also continued to chair the Global Protection Cluster task

team on law and policy, supporting capacity-building and providing technical advice to

States that are in the process of developing such normative instruments.

10. The Special Rapporteur took part in a number of international and regional

conferences and events, including a session of the Parliamentary Assembly of the Council

of Europe in Strasbourg; a seminar on the African Union Convention for the Protection and

Assistance of Internally Displaced Persons (Kampala Convention) organized by the

International Committee of the Red Cross (ICRC) in Nairobi; a regional round table on the

domestication of the Kampala Convention co-hosted by the Government of Malawi and

ICRC in Lilongwe; a conference on the gender dimensions of internal displacement

organized by the Chairmanship of the Organization for Security and Cooperation in Europe

(OSCE) in Vienna; and a summit of the Association of Southeast Asian Nations (ASEAN)

on Security Council resolution 1325 (2000) on women and peace and security and on

women and internally displaced persons in Manila. The Special Rapporteur also continued

to participate as speaker and facilitator at events related to relevant policy research and

studies. They included the annual meeting of the Refugee Law Initiative in London; an

expert seminar on gender and special procedures on economic, social and cultural rights

held at the Geneva Academy of International Humanitarian Law and Human Rights; a

conference on the role of national human rights institutions in protecting human rights in

1 See the durable solutions indicator library, available from http://inform-durablesolutions-idp.org/.

South-East Asia organized by the Asia Centre in Bangkok; an ASEAN conference on the

prevention of violent extremism in Manila; an ICRC conference on armed conflict in urban

settings in Geneva; and a panel of the Geneva Academy on gang violence, also in Geneva.

Country visits conducted by the Special Rapporteur

11. In accordance with her mandate, the Special Rapporteur has consistently engaged

with States and has sought a constructive and transparent dialogue with them. She thanks

the many States that she has engaged with or visited for their cooperation. Since her

previous report to the Human Rights Council, the Special Rapporteur has conducted official

visits to the following countries: El Salvador (from 14 to 18 August, 2017, see

A/HRC/38/39/Add.1); Libya (from 25 to 31 January 2018, see A/HRC/38/39/Add.2) and

Niger (from 19 to 24 March 2018, see A/HRC/38/39/Add.3).

12. In addition, the Special Rapporteur also undertook working visits to Guatemala (19–

22 August 2017), Mexico (23–25 August 2017), Honduras (25–28 October 2017) and

Colombia (26 February–1 March 2018). In particular, the visit to Honduras was linked to

the Special Rapporteur’s participation in a regional conference on the Comprehensive

Regional Protection and Solutions Framework in San Pedro Sula, as a follow-up to the New

York Declaration for Refugees and Migrants, looking at the integration of internal

displacement issues into that process. In addition, she held meetings with relevant

stakeholders to look at the progress made on the recommendations resulting from the

previous official mission of the mandate holder to Honduras in 2015. Regarding her visit to

Colombia, the Special Rapporteur was part of a special procedures delegation taking part in

the 167th session of the Inter-American Commission on Human Rights. She took part in

several events, most importantly a public hearing on internal displacement in the Americas.

III. Twentieth anniversary of the Guiding Principles on Internal Displacement: an agenda for strategic and joint action

13. The Guiding Principles on Internal Displacement, presented to the Commission on

Human Rights in 1998, constitute the key international standard on internal displacement

worldwide. They provide a definition of an internally displaced person and set out their

rights to be protected and assisted before and during displacement and in their search for

durable solutions following displacement. They give national authorities the primary

responsibility for protecting internally displaced persons and clarify key principles relating

to humanitarian assistance by international and non-governmental bodies. The Guiding

Principles are highly authoritative, as they restate the rights of internally displaced persons,

as enshrined in international human rights and humanitarian law, and have been recognized

as an important framework for the protection of and assistance to internally displaced

persons. The recognition afforded by Heads of State and Government in the 2005 World

Summit outcome (General Assembly resolution 60/1) was subsequently confirmed by the

General Assembly on various occasions.

14. In 2018 the twentieth anniversary of the Guiding Principles will be marked. That is

an occasion to raise awareness of this global standard and of the plight of internally

displaced persons and to reflect on both the positive progress made and the challenges that

remain and are emerging. The anniversary is also a unique opportunity to forge a stronger

commitment for more strategic, concrete and joined-up action in order to more robustly and

effectively prevent internal displacement, enhance protection for internally displaced

persons and support durable solutions for them.

15. The Special Rapporteur consulted numerous partners at the national, regional and

international levels to seek their views, in particular on what needs to be done to further

promote implementation of the Guiding Principles. Her consultations with partners resulted

in expressions of interest to work more strategically and collaboratively on the phenomenon

of internal displacement in 2018 and beyond. It was therefore agreed that a “GP20” plan of

action would be developed in order to galvanize and support multi-stakeholder action

around the overarching goal of reducing internal displacement in line with the Guiding

Principles — that is to say, from prevention through to the achievement of durable solutions

for internally displaced persons. That reflects the goal set by the Secretary-General in his

Agenda for Humanity and is also in line with important State-endorsed agendas and

frameworks, such as the 2030 Sustainable Development Agenda.

16. In line with the focus of the plan of action at the national level and her own priorities,

the Special Rapporteur has encouraged all stakeholders (Governments, United Nations

agencies, international organizations, civil society and internally displaced persons

themselves) to organize and develop activities to mark the anniversary that are not “one-off”

events but that seek to promote new or ongoing initiatives, contributing to prevention,

protection and solutions for internally displaced persons, particularly in relation to

facilitating and strengthening the participation of internally displaced persons in processes

that affect them; promoting the development and implementation of laws and policies on

internal displacement; producing quality data and analysis on internal displacement

situations; and finally addressing protracted internal displacement and supporting durable

solutions for internally displaced persons.

17. In his foreword to the first edition of the Guiding Principles in 1998, the then Under-

Secretary-General for Humanitarian Affairs stated that “the humanitarian community is

increasingly aware of the crisis of internal displacement which affects over 20 million

people worldwide”. In his foreword to the second edition in 2004, the then Under-

Secretary-General for Humanitarian Affairs and Emergency Relief Coordinator stated that

“over twenty five million people, in some fifty countries around the world, have been

uprooted within their country by conflicts and human rights violations”. As the twentieth

anniversary of the Guiding Principles is marked in 2018, it is telling and concerning that the

number of displaced persons has risen inexorably to over 40 million people living in

internal displacement as a result of conflict and violence.2

18. That number has nearly doubled since 2000 and annual increases to the global

displacement total have been in the millions, with some 6.9 million new internal

displacements owing to conflict and violence in 2016 alone. In addition, some 24.2 million

new displacements were caused by natural disasters in the same year. An increasing

number are locked into situations of protracted displacement, sometimes for years or even

decades. In 2014, more than 50 countries were reported to have people living within their

borders in protracted internal displacement for over 10 years. Those figures do not include

the millions worldwide estimated to be internally displaced by other causes, such as

national development projects. Given the number of ongoing conflicts without political

solutions and the continuing and increasing adverse effects of climate change, internal

displacement on this scale will be difficult to reverse.

19. Despite the critical progress made on enhancing protection and mobilizing a

coordinated and coherent response to internal displacement over the last 20 years, the

upward trend since the drafting of the Guiding Principles is disheartening. The Special

Rapporteur is clear that States and the international community must re-examine the causes

of this dramatic increase and do better to prevent them, first and foremost by using all

diplomatic means to prevent and resolve conflicts. In 2018, it is clear that the world is

facing a massive and neglected crisis of internal displacement and that addressing it must

remain one of the highest priorities, not only for affected States but for the international

community as well. Protection of the human rights of internally displaced persons must be

strengthened as lives, dignity and security are endangered and precariousness and

abnormality of life prevail among them.

20. Work is still required to build on elements of the Guiding Principles that have been

somewhat neglected. For example, they are clear on the prohibition of arbitrary

displacement in cases of large-scale development projects, which are not justified by

compelling and overriding public interest. In reality, displacement caused by development

projects affects millions annually and the protection of those internally displaced often falls

short of the standards required. Further understanding of those issues is required to ensure

2 Based on figures provided by the Internal Displacement Monitoring Centre. “New displacements”

may include individuals who have been displaced more than once.

that those at risk of displacement and those already displaced by development are protected

in conformity with the Guiding Principles and other human rights law and standards.

21. Equally, the Guiding Principles state that internally displaced persons may be forced

to flee their homes as a result of generalized violence and violations of human rights. In

some settings, there has been a reluctance to recognize such situations, frequently

characterized by dispersed individual or family displacements rather than mass movements.

The Guiding Principles recognize such persons as internally displaced and provide an

essential advocacy tool to encourage States to do the same. They have been instrumental in

such countries as Honduras, where gang-related violence has displaced tens of thousands as

a result of violence or the threat of violence, which has now been officially recognized.

Further progress is required in numerous other countries to ensure recognition and the

possibility for internally displaced persons to claim and enjoy their rights.

22. No country is immune from internal displacement and all can be affected by it,

either directly or indirectly. The Special Rapporteur urges that internally displaced persons,

who are frequently among the most vulnerable and marginalized and constitute over two

thirds of the forcibly displaced globally, are not neglected. The nexus between internal

displacement and cross-border movement is clear. Those who cross international borders as

asylum seekers, frequently begin their perilous journeys as internally displaced persons,

often fleeing conflict or violence. Too often they fail to find the protection, security,

assistance, livelihoods or durable solutions in their countries of origin that would enable

them to remain.

23. Consequently, it is imperative that internal displacement be understood, not only in

terms of a particular challenge facing a few States afflicted by conflict, violence or disaster,

or as an issue solely of the internal affairs of States, but as a regional and ultimately a

global issue that has implications for many countries. If the issue is to be resolved and

States helped to meet the challenge of reducing internal displacement, States affected by

internal displacement must improve their responses, be open to assistance and engage

constructively with those who are well placed to provide the necessary technical, policy and

practical guidance.

24. The present report considers the necessary steps that should be taken by States,

regional bodies, the international community and other stakeholders to achieve the

maximum possible outcomes for the Guiding Principles in improving responses to

displacement, protecting internally displaced persons and reducing internal displacement

through the achievement of durable solutions.

Experience of internal displacement

25. The Guiding Principles have helped to put internally displaced persons on

humanitarian, development and human rights agendas, identifying them as among the most

vulnerable persons globally. The Guiding Principles have clearly established that, having

faced extraordinary circumstances, resulting in them having to flee their homes while

remaining in their own countries, internally displaced persons constitute a special category

of those who require assistance to rebuild their lives and regain their dignity. That sets them

apart from other urban or rural poor and the Guiding Principles restate their rights in the

context of the numerous additional challenges that they face as a result of internal

displacement. They have helped to forge an understanding that internally displaced persons

should be protected and receive assistance and durable solutions, not as charity but as their

human right.

26. The Guiding Principles provide the basis for a human rights-based approach to

internal displacement. That is essential to shifting the discourse from one of national

sovereignty and internal policy to one of international human rights law obligations, for

which States can and should be held accountable. Emphasizing that the treatment of

internally displaced persons is rooted in the normative framework of human rights and

humanitarian law is vitally important. It helps the United Nations and the international

community to assist States, while also allowing them to be critical of States, where

necessary, when they fail in their human rights obligations towards internally displaced

persons.

27. In this twentieth anniversary year, it is important to look beyond the statistics to

elaborate on the actual lived experiences of those who experience internal displacement.

Each number constitutes the life of an individual. Without exception, the experience of

internal displacement is traumatic, life-changing and frequently life-threatening, and

accompanied by multiple challenges. Each person displaced has lost access not only to the

home that offered shelter from the elements, but also security, dignity, cherished

possessions, livelihoods, memories and a sense of belonging and community.

28. For children suffering internal displacement and the violence and human rights

violations often associated with it, the experience is particularly traumatic and confusing,

often leading to long-lasting psychosocial issues and difficulties that commonly go

untreated. Deprived of education, stability and routine often for months or years, it is no

exaggeration to speak of a lost generation of young people in some displacement situations.

Too often, displaced women and girls experience the further atrocity of sexual violence or

rape, exploitation or the threat of violence, sometimes even from those who should be

protecting them. There is increasing evidence that sexual violence against men and boys

during crises may also be far more widespread than was previously understood.3 While the

physical wounds may heal, the psychological and social impacts of displacement and

violence are often deep and require far greater attention.

29. Within the statistics, a multitude of challenges and vulnerabilities exist. For older

persons with strong ties to their homes and weaker coping mechanisms than the young, the

experience can be shocking and disorientating, as they find themselves in unfamiliar

surroundings. For those with disabilities, the experience brings immense new problems,

sometimes relating to their mobility or their ability to access basic assistance and services,

including food and the specialist health care or support they need. For those who may face

discrimination in daily life generally, such as minorities, indigenous peoples, or members of

the lesbian, gay, bisexual, transgender and intersex communities, displacement can

exacerbate the challenges and threats that they face and they may find themselves targeted,

marginalized or excluded from assistance.

30. Internally displaced persons frequently lose access to their livelihoods and must

begin again or acquire new skills. They often lose or are deprived of essential documents

that may restrict their access to assistance, services or opportunities. In some circumstances

they may fear contact with or lack trust in the authorities who have the responsibility to

assist them and prefer to seek anonymity. With incomes gone and resources quickly

dwindling, they may be reliant on humanitarian assistance or the generosity of host families

or communities or fall into negative coping strategies. Some join migrant routes or leave to

seek asylum. The impact of internal displacement can rapidly be felt by wider communities,

including those hosting internally displaced persons, who may also require assistance.

31. In 2018, the reality is that millions of internally displaced persons have been left

entirely to fend for themselves, often within hostile urban environments and frequently with

little or no knowledge of their rights or the expectation of assistance. Too often the support

required by these highly vulnerable individuals, families or communities, whose lives have

been devastated by internal displacement, is simply inadequate or absent altogether. In

other scenarios, the necessary support and humanitarian assistance are available; however,

over time, rather than supporting a process of recovery towards durable solutions, they do

not adequately adapt and evolve beyond the emergency assistance phase and leave

internally displaced persons trapped in a cycle of aid dependency.

32. Each year throws up new internal displacement situations, sometimes for authorities

who have not experienced displacement before, either as a result of conflict, climate change,

slow- or rapid-onset disasters, or other unexpected events. Recent experience of the

mandate has demonstrated the ongoing importance of the Guiding Principles, which

3 See UNHCR, “We keep it in our heart. Sexual violence against men and boys in the Syria crisis”

(October 2017), available from http://bit.ly/2ixGr1y.

provide a vital framework and guidance for responses. During visits undertaken by the

mandate to Honduras, northern Nigeria and Ukraine, for example, the authorities noted that

they had no experience of addressing internal displacement and relied heavily on support

from the international community. The Guiding Principles provided an immediate

authoritative basis for context-specific responses to be quickly developed.

33. It is also true that within internally displaced populations there exists great resilience,

resourcefulness, capacity and potential, the strength and determination to survive and to

recover. That has been demonstrated even in the most difficult circumstances and situations

of ongoing conflict, including in Iraq and the Syrian Arab Republic. Such elements should

not be taken for granted, but can and should be better harnessed and utilized in support of

the recovery of internally displaced persons. The Guiding Principles recognize that capacity

and urge that they be recognized as participants and partners in their own recovery and not

simply as beneficiaries.

IV. National action to reduce internal displacement in line with the Guiding Principles on Internal Displacement

A. Incorporating the Guiding Principles into national law and policy

34. For the Guiding Principles to become effective at the national level, it is essential for

them to be adopted into national law and policy frameworks. Despite important progress,

the majority of States coping with large-scale displacement still do not have national

internal displacement laws or policies and many of those displaced are unaware of their

rights. The situation is improving, as documented by the Global Protection Cluster task

team on law and policy, co-chaired by the Special Rapporteur and UNHCR. Authorities in

several countries have already developed domestic normative standards on the protection of

and assistance to internally displaced persons.4 That demonstrates a positive global trend of

national authorities increasingly expressing their commitment to implementing the Guiding

Principles and other supranational instruments.

35. Over 75 countries have some form of documents or processes relevant to internal

displacement, such as national laws, policies, decrees, protocols, strategies and action plans,

in place or in development. The Global Protection Cluster notes that countries respond to

internal displacement in a variety of ways, while a considerable number are using the

Guiding Principles or the Kampala Convention as points of reference in drafting national

laws and policies. Some develop legislation or implement policies that respond to existing

and specific situations. National Governments have made positive strides in addressing the

assistance and protection needs of internally displaced persons, but analysis reveals

substantive issues and challenges in terms of law and policy that require their sustained

attention.

36. States themselves have identified a significant need for technical support and

expertise in law and policymaking processes on internal displacement. Even where law

and/or policy exists, translating them into practice has proved a challenge. Some laws and

policies fail to include detailed provisions on implementation and monitoring, or the

institutional arrangements necessary for doing so. The absence of specific provisions

relating to durable solutions is also a common feature. Structural problems, weak

institutions, poor coordination and communication, and a lack of political will, funding and

other resources, are other obstacles. In some cases the adoption of national law and policy

experiences significant delays or political obstacles that can continue for years, impeding

implementation of standards and meaning that little difference is made to the lives of tens

of millions worldwide.

37. National laws and policy provide internally displaced persons with recourse to

national law to claim their rights in domestic courts or other national forums for victims.

4 See www.internal-displacement.org/law-and-policy.

However, existing national laws often fail to address the specific needs and vulnerabilities

of internally displaced people, allocate clear responsibilities to competent authorities at the

national and local level, or provide a sound basis for making adequate resources available.

Recognizing that the Guiding Principles are based on and informed by international human

rights law means that incorporating them into national law should be seen by Governments

as a further domestic articulation of their human rights obligations and an essential

component of the good governance of internal displacement.

38. The Special Rapporteur recognizes that every State and internal displacement

situation is different and that there is no “one-size-fits-all” solution for responding to

internal displacement. However, assisting States to develop national law and policy is an

effective way for the international community, the United Nations and other appropriate

stakeholders, including the Special Rapporteur, to provide practical assistance to States in

shaping their own national laws and policy. In that regard, resources inspired and informed

by the Guiding Principles can be helpful to States and others as they shape national law and

policy.

39. Those sources include the Brookings-Bern project on internal displacement, which

published a manual in 2008 aimed at providing guidance for national authorities seeking to

prepare and enact domestic legislation and policies addressing internal displacement.5 In

addition, a 2013 study by the Internal Displacement Monitoring Centre and the Brookings-

London School of Economics project on internal displacement furthered the practical

approach to assisting States to use the Guiding Principles.6

40. The Guiding Principles have helped to inspire other important tools and resources,

such as the 2010 Inter-Agency Standing Committee framework on durable solutions for

internally displaced persons. As articulated in the Guiding Principles, internally displaced

persons have a right to a durable solution and this key framework clearly elaborates on that

right, the responsibilities of national authorities and the role of humanitarian and

development actors to assist in the search for durable solutions. The framework elaborates

at length on the substance and requirements for action. The Guiding Principles further

informed the principles on housing and property restitution for refugees and displaced

persons, which elaborate on this specific area of rights.

41. The Guiding Principles also informed the Handbook for the Protection of Internally

Displaced Persons, which goes beyond law and policy measures to provide practical tools

and guidance for humanitarian and development actors, including national authorities, on

how to operationalize protection and provide effective protection responses in situations of

armed conflict.7 Equally, the Inter-Agency Standing Committee operational guidelines on

the protection of persons in situations of natural disasters and the 2007 basic principles and

guidelines on development-based evictions and displacement provide guidance on

addressing the human rights implications of development-linked displacement.8

42. It is clear that national authorities should address issues of internal displacement as a

whole and acknowledge internally displaced persons as highly vulnerable populations,

requiring dedicated policy and programme responses. However, recognizing the diversity

of challenges and experiences that exist within internally displaced populations, it is also

necessary for national authorities to consider those issues through other and complementary

human rights lenses and national obligations. They include the commitment of the State to

protect the rights of the child, the rights of women, older persons, persons with disabilities

and in certain cases, minority or indigenous rights, as they intersect with internal

displacement situations. Even where no specific internal displacement law or policy exists,

5 Protecting Internally Displaced Persons: a Manual for Law and Policymakers, available at

www.unhcr.org/50f955599.pdf.

6 “National instruments on internal displacement: a guide to their development”, available at

www.ohchr.org/Documents/Issues/IDPersons/Law-and-policymaking_Guide-2013.pdf.

7 Available from www.unhcr.org/protection/idps/4c2355229/handbook-protection-internally-displaced-

persons.html.

8 See www.ohchr.org/Documents/Issues/IDPersons/OperationalGuidelines_IDP.pdf and

www.ohchr.org/Documents/Issues/Housing/Guidelines_en.pdf.

the authorities must act to protect internally displaced persons in accordance with other

human rights law and international humanitarian law, as relevant.

B. Improving the evidence base and statistical resources

43. Statistics are essential to providing a strong evidence base for action in all internal

displacement situations; however too often data is difficult to gather or is neglected. In

recent years significant progress has been made in data gathering and analysis of internal

displacement, inspired in part by greater recognition of the challenges emerging from the

Guiding Principles. This has been seen not only in the quantity of data, but also the quality

and range of data that is now collected and analysed. Profiling of internally displaced

persons to understand not only their numbers and basic data, but also much more in-depth

information about their circumstances, needs and protection issues, and their intentions and

wishes, has allowed authorities and others to deliver better responses for internally

displaced persons, more in tune with their expectations at all phases of displacement than

was previously the case.

44. Challenges to gathering data exist in all displacement situations and particularly

where displaced persons are not in camps, where internal displacement is highly dispersed

and widespread, or where people are displaced multiple times. Further progress is required

to assist national authorities. Among other key partners, the Joint IDP Profiling Service has

supported ground-breaking initiatives alongside national authorities and United Nations

partners to assist States in their efforts to quantify internal displacement and go beyond

numbers to provide detailed profiling that reveals the complex dimensions of the

displacement experience. It is helping to strengthen the capacity of national statistical

bodies to gather data and encouraging the development and use of essential indicators on

internal displacement to monitor progress towards durable solutions and ensure inclusion.

45. Recognizing the need to strengthen official statistics on internal displacement, in

2016 the United Nations Statistical Commission decided to establish an Expert Group on

Refugee and Internally Displaced Persons Statistics, comprised of participants drawn from

national authorities and statistical organizations as well as other technical experts (see

E/CN.3/2018/16). The expert subgroup on internal displacement, led by the Joint IDP

Profiling Service with the active participation of the mandate among other stakeholders,

produced a technical report outlining a way forward for the development of international

standards for official statistics on internally displaced persons, which will make an

important contribution and help to inform national authorities and others.9

C. Raising awareness of human rights and the Guiding Principles

46. If the potential and promise of the Guiding Principles are to be fulfilled, it is

essential to put them into the hands of the internally displaced to help them to know and

claim their rights. They are frequently not aware of their rights and of the obligations of the

relevant authorities to assist and protect them. As part of their obligations under

international human rights law, national authorities should inform their populations of their

rights and that is also true in regard to internally displaced persons. As part of the activities

for the twentieth anniversary of the Guiding Principles, the Special Rapporteur urges States

and other actors to undertake awareness-raising activities and information campaigns based

on them and in the context of the general human rights obligations of the State.

47. The mandate of the Special Rapporteur has made the Guiding Principles available in

49 languages, including minority languages.10 In some cases, radio programmes, theatre and

illustrated books have also been developed in order to disseminate them better. The Special

Rapporteur encourages national and local actors to translate them into additional languages

9 The technical report was adopted by the Statistical Committee at its forty-ninth session in March 2018

and is available from http://bit.ly/2GyycO8.

10 See www.ohchr.org/EN/Issues/IDPersons/Pages/Standards.aspx.

according to need. In some cases, innovative communication methodologies are required or

could be employed to make them accessible to a wider audience and bring them to the

attention of internally displaced persons, including those who are poorly educated or

illiterate and unaware of basic human rights. For example, translating the Guiding

Principles into Braille would make them more accessible to blind people or the visually

impaired. Empowering internally displaced persons, including women and those belonging

to vulnerable groups, to know and claim their rights is an obligation of all stakeholders, but

a factor which is often overlooked in the delivery of assistance and support.

D. Enhancing the role of national human rights institutions and civil

society

48. Human rights violations frequently precede or trigger internal displacement and

occur during or after displacement. As independent human rights bodies, national human

rights institutions have a critical role to play in promoting and protecting the human rights

of internally displaced persons.11 Countries where national human rights institutions have

played a prominent role in addressing internal displacement include Colombia, Kenya,

Mexico, Nigeria, the Philippines, Uganda and Ukraine.

49. Over the past years, national human rights institutions have adjusted their functions

to becoming more aware of the protection concerns of internally displaced persons and

more operational in advocacy on their behalf. They have become active in relevant

protection clusters and working groups, established institutional focal points and expanded

their presence in locations requiring protection monitoring. That has allowed them to gather

systematic data that can influence the actions of governmental and non-governmental actors.

With enhanced operational roles, they can be key stakeholders in the development and

implementation of legislation and policy.

50. Nevertheless, the role of national human rights institutions can be strengthened and

the Special Rapporteur has conducted a consultative process to examine how they work

with and on behalf of internally displaced persons to promote and protect their human

rights, in preparation for a report to be submitted to the Human Rights Council in 2019,

which will be dedicated to the topic. The objective is to encourage and assist national

human rights institutions to use the Guiding Principles in their work to promote and protect

the human rights of internally displaced persons.

51. Galvanizing civil society to play a role in encouraging national law and policy and

implementation of the Guiding Principles is an important goal. Civil society and volunteer

organizations are at the forefront of national responses to internal displacement and can be

active in promoting and disseminating the Guiding Principles and other relevant

information at the national and local levels, including in their interactions with internally

displaced persons and in languages used by them. They can play a vital and influential role

in advocating widely for the application of the Guiding Principles by national authorities

and international organizations and promoting their adoption through national legislation

and policy. Often with close contact with internally displaced persons, civil society

organizations can support training on the Guiding Principles for staff, for the displaced

themselves and for relevant authorities and partners.

V. Enhancing regional frameworks and action to support States affected by internal displacement

52. Regional human rights legal and policy frameworks on internal displacement offer

the possibility of a common normative framework that builds on the Guiding Principles but

recognizes and takes into account unique regional characteristics and challenges. As noted

by the Global Protection Cluster, regional frameworks can capitalize on lessons learned at

11 See, for example, “UNHCR engagement with national human rights institutions for IDP protection:

stocktaking exercise” (February 2016), available from www.refworld.org/docid/571a19194.html.

the national level and elevate them to the supranational level.12 They can provide a common

reference for situations such as conflict, violence or disasters that may not be confined to a

single country. If effectively implemented, they may not only be used to protect internally

displaced persons in one country, but can help to create the conditions for regional stability

and the fostering of collaboration. The Special Rapporteur has continued to engage with

regional bodies to encourage them to develop regional frameworks and strengthen their

ability to support and monitor States affected by internal displacement.

53. The Special Rapporteur highlights the example and leadership provided by the

African Union of attention paid to internal displacement at the regional level, resulting in

the adoption of the Kampala Convention in 2009 and its entry into force in December 2012.

The Convention was inspired and informed by the Guiding Principles and as of March 2018

had been ratified by 27 African States, with 40 out of 55 having signed it. The Special

Rapporteur will continue to engage closely with the African Union to benefit from its

experiences relating to internal displacement, encourage ratification of the Kampala

Convention by States which have not yet done so and support its implementation. The

convening of the inaugural conference of States parties to the Convention in Harare in 2017

was a further important step in that regard, which resulted in the establishment of a Bureau

of States parties and the adoption of an action plan to support the implementation of the

Convention. In early 2018, the African Union also adopted a model law on internal

displacement. The Special Rapporteur also recognizes the importance of the mandate of the

Special Rapporteur on refugees, asylum seekers and internally displaced persons,

established by the African Commission on Human and Peoples’ Rights in 2004.

54. Despite lacking specific binding regional standards, other regional human rights

bodies are nevertheless taking active measures to address internal displacement. For

example, recognizing the ongoing internal displacement in its member States, the

Committee of Ministers of the Council of Europe adopted recommendation CM/Rec

(2006)6, in which it agreed on a set of 13 recommendations regarding internally displaced

persons, building on the Guiding Principles and underlining the binding obligations

undertaken by member States of the Council. In the context of its response to the crisis in

Ukraine, the Council produced a publication entitled Protecting Internally Displaced

Persons under the European Convention on Human Rights and Other Council of Europe

Standards: a Handbook, which offers important guidance on the rights of internally

displaced persons and State obligations under Council of Europe and international

standards.

55. In addition, OSCE has recognized the Guiding Principles as a useful framework for

its work and the endeavours of participating States in dealing with internal displacement,

including in its general provisions on internally displaced persons.13 OSCE has actively

encouraged compliance with the Guiding Principles by its member States, frequently citing

them, including in the context of its work in Azerbaijan, Bosnia and Herzegovina, Georgia

and Ukraine.

56. The Organization of American States has also called upon its members to develop

legislation and national policies on internal displacement in line with international

standards.14 In 2012, to respond better to the multiple challenges of human mobility in the

region, the Inter-American Commission on Human Rights amended the mandate of the

Rapporteur on migrant workers and members of their families, established in 1996,

renaming it as the Rapporteur on the rights of migrants and including in the mandate the

requirement that specific attention be paid to internally displaced persons.

12 See UNHCR and the Internal Displacement Monitoring Centre, “Regulatory frameworks on internal

displacement: global, regional and national developments”, available at www.internal-

displacement.org/assets/publications/2016/UNHCR-GPC-Reg-Framework-IDP.pdf.

13 See http://bit.ly/2u318LL.

14 See resolution 2667 (XLI-O/11), 7 June 2011, available at www.oas.org/dil/esp/AG-RES_2667_XLI-

O-11_esp.pdf.

57. As testament to its concern over internal displacement, in 2015 the Inter-American

Commission published a report entitled Human Mobility: Inter-American Standards.15 The

Inter-American Court of Human Rights emphasized the relevance of the Guiding Principles

and the fact that many of them illuminate the reach and content of article 22 of the

American Convention on Human Rights relating to freedom of movement and residence in

the context of forced displacement. The Commission has taken action, including granting

precautionary measure to protect the lives and personal integrity of some forcibly displaced

person in countries such as Colombia and El Salvador. In February 2018, the Special

Rapporteur joined a public hearing on internal displacement in the Americas organized by

the Commission at the request of the national human rights institutions in the region.

58. Despite valuable regional initiatives, the Special Rapporteur considers that the

attention paid to internal displacement by regional bodies could be significantly

strengthened. She notes a tendency to rely on existing human rights norms, such as the right

to property, a home and family life, freedom of movement and residence, and protection

from discrimination, which, while applying equally to internally displaced persons, do not

fully capture or appropriately respond to their particular situations, vulnerability and human

rights challenges. Articulation of regional standards, such as the Kampala Convention,

essentially sets such rights explicitly in the context of internal displacement and provides

greater guidance for rights holders and duty bearers regarding human rights protection and

for solutions to be found.

59. The Special Rapporteur encourages regional human rights organizations and other

regional bodies to commemorate the twentieth anniversary by raising awareness of the

Guiding Principles at the regional level and among States. She hopes that activities will

inspire awareness of and encourage attention to be paid to internal displacement and

consideration of responses that are appropriate to unique national and regional contexts.

Such activities may include commemorative events, conferences or expert workshops,

convened by regional human rights bodies, to bring together stakeholders to discuss internal

displacement challenges, including those relating to such factors as climate change or slow-

onset disasters that have regional dimensions and implications.

VI. The role of the United Nations and the international community

A. Promoting enhanced, immediate and joined-up action to effectively

reduce internal displacement

60. The messages of “leave no one behind” and “reach the furthest behind first”, have

been central to the vision of the United Nations and the international community as it has

shaped global processes such as the new era of the Sustainable Development Goals and

targets and the Agenda for Humanity. It is clear that internally displaced persons are both

some of the furthest behind and among those at most risk of being left even further behind

by development policies that do not include them. In fact, the message and call for action in

the present report and in the context of the twentieth anniversary of the Guiding Principles,

also follow a similar call for action in the Agenda for Humanity, in which Member States

and international organizations are explicitly urged to take action to reduce internal

displacement by 2030 in a safe and dignified manner.

61. Equally, in the context of the Sustainable Development Goals, it has been explicitly

recognized that internally displaced persons constitute a category of the most vulnerable

people requiring particular attention and specific action to ensure that they are not left

behind by development action. Despite the lack of a Goal or target relating to internal

displacement, that vital recognition should ensure that States give the necessary attention to

internally displaced persons as they shape their own national targets and strategies to

achieve the Goals. Indeed, understanding internal displacement not only as a humanitarian

15 Available at www.oas.org/en/iachr/reports/pdfs/HumanMobility.pdf.

concern but as a human rights and development priority internationally and at the national

level is an essential component of achieving the goal of reducing internal displacement

through durable solutions.

62. The Guiding Principles envisage a collective and holistic response to internal

displacement that involves Governments as the primary duty bearers and humanitarian and

development agencies coming together from the outset of displacement on the basis of

collective goals and outcomes. Inspired by the Guiding Principles, the Inter-Agency

Standing Committee framework on durable solutions elaborates on the need for

development actors and approaches to meet the challenges of internal displacement.

Important steps are being taken to achieve the engagement of development actors in

practice, while much more remains to be done in that respect and it will be vital to move

towards a culture of collective outcomes.

63. The “New Way of Working” 16 was based on the overwhelming message from

stakeholders at the World Humanitarian Summit, who identified the need to strengthen

humanitarian-development cooperation and overcome long-standing attitudinal,

institutional and funding obstacles. Transcending the humanitarian-development divide by

working towards collective outcomes was widely supported by donors, non-governmental

organizations (NGOs) and crisis-affected States. The New Way of Working frames the

work of development and humanitarian actors, along with their national and local

counterparts, in support of collective outcomes that reduce risk and vulnerability and serve

as instalments toward the achievement of the Sustainable Development Goals.17 Promoting

localized responses and empowering victims and NGOs, as envisaged under the New Way

of Working, also has the potential to create new dynamics of support and innovative new

recovery initiatives for internally displaced persons.

64. The New Way of Working, as envisaged by the humanitarian and development

community in partnership with the United Nations and national authorities, can help to

achieve significant progress in meeting the challenge of reducing internal displacement in

line with the Guiding Principles. A key element of that change is to engage affected persons

differently, for them to be more than passive beneficiaries but rather active agents and

partners in their own recovery, building on their existing capacities, skills, resilience and

coping mechanisms, and their potential for recovery when empowered to do so. Based on a

detailed knowledge of the situation, needs and capacities of internally displaced populations

derived from enhanced profiling methodologies, humanitarian and development funds and

resources should be employed to support resilience and recovery programmes, and break

the cycle of aid dependency.

65. There is a need to better leverage existing international policy agendas and

commitments in favour of internally displaced persons. In recent years the issue of internal

displacement has featured in several policy agendas and frameworks, including the 2030

Agenda on Sustainable Development, the Sendai Framework for Disaster Risk Reduction

2015–2030, the twenty-first Conference of the Parties to the United Nations Framework

Convention on Climate Change, the New Urban Agenda, the New York Declaration for

Refugees and Migrants and global compacts on refugees and migrants, and the Secretary-

General’s agenda on the protection of civilians in armed conflict, among others. However,

further impetus is needed to translate the many affirmations and commitments on internally

displaced persons made in these forums into concrete progress on the ground and to

maintain and enhance the momentum built around these processes.

16 See www.agendaforhumanity.org/sites/default/files/20170228%20NWoW%

2013%20high%20res.pdf.

17 See www.unocha.org/sites/unocha/files/NWOW%20Booklet%20low%20res.002_0.pdf.

B. Increased use of the Guiding Principles on Internal Displacement by

the United Nations system

66. The United Nations system has an important role to play in promoting and

advocating for the implementation of all international human rights law and standards,

including the Guiding Principles. While they do not constitute treaty or hard law, they are

nevertheless universally recognized as the core international standard on internal

displacement, based on international human rights and humanitarian law, and consequently

should be proactively promoted by the United Nations system.18 Indeed, as a standard that

encompasses human rights, humanitarian and development concerns and actors, there is a

unique opportunity for the United Nations system to speak with one voice about the value

of the Guiding Principles for the protection of internally displaced persons globally.

67. The Guiding Principles are frequently cited and actively used by United Nations

agencies, such as UNHCR, the United Nations Development Programme and the United

Nations Children’s Fund, which have incorporated them into their policy and operational

guidelines with regard to internal displacement and disseminated them among their staff.

Equally, the treaty bodies and other human rights mechanisms that monitor the

implementation of the human rights conventions by States parties, such as the Human

Rights Committee or the Committee on the Rights of the Child, have also referred to the

Guiding Principles in their observations to States. The Special Rapporteur welcomes the

efforts undertaken in this respect and hopes to maintain and enhance the attention given to

the Guiding Principles across the United Nations system in this twentieth anniversary year

and beyond.

68. OHCHR is encouraged to strengthen its presence and activities in humanitarian and

internal displacement crises and bring much-needed human rights monitoring and

implementation expertise to them, including in the context of protection clusters. Its

presence and strengthened engagement in the issue of internal displacement would

significantly enhance the capacity of the United Nations to address human rights concerns

affecting internally displaced persons.

C. Encouraging and facilitating international solidarity and assistance

69. The Special Rapporteur considers that much more can be done to build solidarity

across and between States, with the objective of better responding to displacement crises

and reducing internal displacement. Numerous States have a vast wealth of experience in

dealing with internal displacement that could be of great value to others. Other States need

rapid access to technical assistance and would benefit from access to the effective practices

of those with experience in all aspects of responding to internal displacement. Some

valuable experiences of solidarity and assistance across States have demonstrated the value

of such exchanges, including for example the Government of Georgia sharing its

experiences with Ukraine to assist the latter in its responses.

D. Continuing and enhancing training for government officials

70. The annual course on the Law on Internal Displacement in San Remo, Italy, is

organized by the International Institute for Humanitarian Law in cooperation with the

Special Rapporteur and UNHCR. It is designed for government officials and the personnel

of NGOs responsible for and dealing with issues relating to internally displaced persons. It

responds to the increasing demand for information on and understanding of internal

displacement and the applicable law. It includes lectures, case studies, simulations and

practical exercises led by experts. Its objectives are to increase understanding of the

international norms underpinning the protection of internally displaced persons; encourage

18 See Walter Kälin, “How hard is soft law? The guiding principles on internal displacement and the

need for a normative framework”, presentation at the City University of New York Graduate Centre

(December 2001).

sharing of experiences regarding international implementation and monitoring mechanisms;

promote the use and implementation of the Guiding Principles; and encourage

Governments to establish or improve existing legislation and policies.

71. The training has proved to be an important opportunity for advocacy, relationship-

building with and between national decision makers and confidence-building. Participants

are able to identify the rights of internally displaced persons and the corresponding

obligations that Governments and other involved actors have; identify policy needs and

gaps for an appropriate response; propose national mechanisms, both for implementing the

protection of internally displaced persons and for monitoring; and draw up a national action

plan for legislation and policy implementation in accordance with the national framework.

72. Innovative initiatives should be considered to potentially increase the availability

and effectiveness of such internal displacement training. New initiatives, based on

appropriate funding and resources, could include regional versions of the training course in

collaboration with regional organizations such as the African Union or the Inter-American

Commission on Human Rights. For example, by utilizing “training of trainers” modalities,

a permanent training capacity might be established in different regions. Supported online

versions of the training course could also be made available based on distance-learning

methodologies, which would make it available to a much wider number of participants in

all regions at limited cost.

E. Establishing a resource centre/online resource for the Guiding

Principles

73. Providing greater visibility to the Guiding Principles and related resources has been

and continues to be a key objective of the mandate of the Special Rapporteur generally and

in the particular context of the twentieth anniversary. The Special Rapporteur considers that

a dedicated online resource for the Guiding Principles would be valuable in that respect and

she will work with key stakeholders to develop such a resource. She envisages that this

could function as a “living” rather than static resource that also provides a platform for

development and the sharing of information, resources, effective practices and comments

with regard to internal displacement.

F. Utilizing the Special Rapporteur as a key partner for States

74. The Special Rapporteur strongly encourages States and other stakeholders to utilize

her mandate as a means of assisting them in their responses to internal displacement and to

implementing the Guiding Principles. Since its inception, the mandate has conducted over

60 official visits to countries affected by internal displacement in all regions. It has also

developed the practice of conducting working and follow-up visits to initiate contact and

continue to engage with national authorities, United Nations presences and other

stakeholders in countries affected by displacement. In the context of such visits, the

mandate has provided detailed analysis and informed recommendations to States and others

to help them to implement the Guiding Principles in practice.

75. The Special Rapporteur wishes to continue and strengthen her engagement with

States as part of her commitment to being a consistent and valuable partner for them. In that

regard, she urges States to respond favourably to her requests to conduct official country

visits, which are conducted in a spirit of constructive engagement. She also stands ready to

provide technical assistance and advisory services, including in the areas of law and policy,

relating to specific requests for assistance by States and other stakeholders.

G. Establishing an international day for the protection of internally

displaced persons

76. The Special Rapporteur proposes the establishment of an international day for the

protection of internally displaced persons in recognition of their plight globally and the

need for concerted action to prevent and reduce internal displacement. That would enable

the United Nations, States affected by displacement and other stakeholders worldwide to

organize an annual series of awareness and advocacy events at the international, national

and local levels, and encourage the participation of internally displaced persons. Such a day

would bring much-needed attention to them, most importantly within national contexts, and

help to motivate concrete action on their behalf. Similar to international days on refugees

and on migrants, this would also be an important demonstration of the concern about and

commitment of the international community to the protection of internally displaced

persons and would be a fitting way to mark the twentieth anniversary of the Guiding

Principles.

VII. Conclusions

77. No country is immune from internal displacement and all can be directly or

indirectly affected by it, as evidenced by the number of affected countries in 2018. The

Guiding Principles are more important than ever in helping to prevent and reduce

internal displacement and in guiding and informing national and collective responses

to it. It is clear that action is required at all levels to reduce internal displacement and

protect against it. All States should be aware of and, where necessary, actively

implementing the Guiding Principles and the tools that it has inspired, including in a

preventative capacity. New and evolving challenges of displacement caused by the

adverse effects of climate change, slow-onset disasters or development mean that ever

more communities are exposed to internal displacement and more countries and

regions must build the capacity to respond.

78. As the international community focuses much needed attention on refugees and

migrants in the context of the global compacts, it is essential that it also significantly

enhances the attention it pays to reducing internal displacement in line with the

Guiding Principles, recognizing that preventing internal displacement, enhancing

protection and achieving durable solutions for internally displaced persons can also

help to meet some of the challenges linked to cross-border population movement. This

can be done, not by restricting freedom of movement, violating the right of people to

claim asylum, or strengthening border or immigration controls, but rather by

delivering real and effective progress towards the recovery of internally displaced

persons, returning essential dignity to them and offering hope for the future in their

country of origin. The Guiding Principles provide a framework for those vital

elements to be realized in practice with benefits for all.

79. The Guiding Principles are vital to helping to forge a common global agenda to

reduce internal displacement, which is currently missing. That must be based on

international, regional and national recognition of the immense challenges of internal

displacement and an understanding that implementing the Guiding Principles and

ensuring the rights of internally displaced persons can help to overcome them. States,

as primary duty bearers, must incorporate them domestically and implement them

based on national and specific displacement contexts. However, it must be recognized

that they constitute a minimum standard and should be adhered to in good faith and

with the highest priority given to fulfilling human rights and achieving durable

solutions.

80. Implementation of the Guiding Principles not only benefits internally displaced

persons, it works for the benefit of the wider society and can be an important

component of conflict resolution, social cohesion, stability and peacebuilding

initiatives. Violence and the resulting internal displacement can cleave societies along

ethnic, religious or other identity lines, creating or enhancing divisions, as some

communities are forced from their homes. Where internally displaced persons are

provided with appropriate durable solutions and included in post-conflict processes,

tensions and grievances are less likely to grow. The Guiding Principles can be an

important component of transitional justice processes aimed at healing the wounds of

States or regions affected by conflict.

81. Political will, leadership and good governance at all levels, including what is

needed to prevent and stop conflicts, are essential components in reducing internal

displacement and implementing the Guiding Principles. Without such a commitment

to action, the numbers of internally displaced persons will continue to rise inexorably

in all regions and the internal displacement crisis will deepen and extend. Numerous

States have shown the necessary vision and demonstrated such leadership and good

governance in their responses to internal displacement. Their examples should be

highlighted in this anniversary year and demonstrate that national authorities who

adhere to the Guiding Principle, are able to heal and include all in society truly

leaving no internally displaced person behind.

VIII. Recommendations

82. The Special Rapporteur makes the following recommendations to States,

particularly those affected by internal displacement. On the occasion of the twentieth

anniversary of the Guiding Principles on Internal Displacement, States should

undertake national level activities and initiatives to enhance protection for internally

displaced persons and prevent and resolve internal displacement. Such activities may

include:

(a) Reviewing national legal, policy and institutional frameworks to assess

their functions, progress and achievements against the Guiding Principles on internal

displacement;

(b) Ensuring that internally displaced persons are included in all relevant

decision-making and national processes, including in relation to the Sustainable

Development Goals;

(c) Initiating a national action plan for internally displaced persons with the

objective of achieving durable solutions within established time frames;

(d) Ensuring that internal displacement issues are addressed in national and

local development plans;

(e) Undertaking a programme of consultations and participatory measures

to review the situation, needs and expectation of internally displaced persons;

(f) Convening conferences, seminars and other platforms, in collaboration

with civil society and other national and international stakeholders, for local and

national dialogue, including the full participation of internally displaced persons;

(g) Undertaking awareness-raising and promotional campaigns relating to

the human rights of internally displaced persons;

(h) Making or renewing national commitments to achieving durable

solutions for internally displaced persons, including for those in situations of

protracted displacement;

(i) Considering preparatory, early warning and risk management processes

and mechanisms relating to internal displacement;

(j) Considering inviting the Special Rapporteur to conduct an official visit

to engage in dialogue on internal displacement challenges;

(k) Translating the Guiding Principles into national and local or minority

languages;

(l) Undertaking the training of relevant officials on internal displacement;

(m) Contributing to regional activities and solidarity and experience-sharing

initiatives aimed at sharing effective practices in response to internal displacement;

(n) Establishing a national day for internally displaced persons.

83. The United Nations and the international and donor community should:

(a) Designate an international day for internally displaced persons in

recognition of their plight and the global challenges they present and as an expression

of dedication to addressing and resolving all internal displacement situations and

supporting affected States;

(b) Continue to give the necessary attention to the situation of internally

displaced persons, including in the context of the global compacts on migrants and

refugees;

(c) Ensure that internally displaced persons are fully taken into account in

international policy development, including that relating to the New Way of Working

in the context of humanitarian and development responses to crises;

(d) Commit to increasing the funding and resources available to

humanitarian and development responses to internal displacement across all

humanitarian sectors, including early recovery;

(e) Consider convening a high-level international conference or similar

global event focused on internal displacement, in recognition of the crisis affecting all

regions and the likelihood of increased internal displacement due to the future impact

of such factors as climate change and slow-onset disasters;

(f) Establish, potentially under the auspices of the Special Rapporteur, a

platform for solidarity of States affected by internal displacement;

(g) Develop and maintain an online resource dedicated to internal

displacement including relevant law, policy, tools and guidelines, and examples of

good practices.

84. Civil society organizations and associations of internally displaced persons

should be encouraged and supported to participate in the promotion of activities

assisting internally displaced persons based on the Guiding Principles.

85. National human rights institutions should enhance their awareness-raising and

human rights monitoring activities, including with internally displaced persons.